No. Leg. 16/2018. - The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 6th April, 2018 and is hereby published for general information:-
An Act to establish The Haryana Kisan Kalyan Pradhikaran to formulate and undertake a humanistic and holistic welfare based approach to address the difficulty faced by the farmers of the State and to provide relief to distressed farmers in varying and challenging situations and for the matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Haryana in Sixty-ninth Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Haryana Kisan Kalyan Pradhikaran Act, 2018.
(2) It extends to the whole of the State of Haryana.
(3) It shall come into force on such date, as the Government may, by notification, fix for different provisions of this Act and any reference in any such provision of this Act to the commencement of this Act, shall be construed as a reference to the coming in force of that provision.
2. Definitions. - In this Act, unless the context otherwise requires,-

(h) "regulation" means a regulation made under this Act by the Pradhikaran;

(i) "State" means the State of Haryana;

(j) "Vice-Chairperson" means the Vice-Chairperson of the Pradhikaran.

3. Establishment of Pradhikaran. - (1) The Government shall, by notification and with effect from such date, as may be specified in the notification, establish, for the purposes of this Act, a Pradhikaran to be known as the Haryana Kisan Kalyan Pradhikaran with headquarter at such place, as the Government may, specify.
(2) The Pradhikaran shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to provisions of this Act, to acquire, hold and dispose of property, both movable and immovable and to contract and shall, by the said name, sue and be sued.
4. Constitution of Pradhikaran. - The Pradhikaran shall consist of the following Members, namely:-

Such experts, not exceeding six, as the
Government may, from time to time, nominate from the field of
agriculture, animal husbandry, horticulture, fisheries,
agri-business, food-processing, agriculture marketing, insurance,
rural development etc.

Member

5. Allowances, cessation and resignation of Members. - (1) The Members, other than ex-officio Members, shall receive such allowances for attending the meetings of the Pradhikaran, as may be prescribed.
(2) Where a person becomes or is nominated as a Member of the Pradhikaran by virtue of holding an office or a position, he shall cease to be a Member of the Pradhikaran as soon as he cease to hold such office or position, as the case may be.
(3) A Member, other than an ex-officio Member may, at any time, by writing under his hand, addressed to the Chairperson, resign from his office.
6. Meetings of Pradhikaran. - (1) The Pradhikaran shall meet at such time, at such place and subject to provisions of sub-sections (2) and (3), observe such rules of procedure for conduct of meetings and transaction of business, as may be prescribed.
(2) At every meeting of the Pradhikaran, the Chairperson, if present or in his absence, Vice-Chairperson or any one of the Members, as the Chairperson may nominate, shall preside.
(3) All decisions in the meeting shall be decided by a majority of votes of the Members present and in case of equality of votes, the Chairperson, Vice-Chairperson or the Member presiding, as the case may be, shall have a second or casting vote.
(4) The Chief Executive Officer shall maintain record of the meetings of the Pradhikaran in such manner, as may be prescribed.
7. Delegation of powers of Pradhikaran to executive committee. - (1) The Pradhikaran may delegate any of its powers, other than the powers in Sub-section (2), to an executive committee constituted from amongst its Members, as the Chairperson may decide and all decisions of the executive committee shall have the same effect as if taken by the Pradhikaran under this Act:
Provided that the executive committee shall include not less than three Members nominated under clause (xxx) of section 4.
(2) The Pradhikaran shall not delegate to the executive committee the following powers, namely:-

(a) to approve the budget of the Pradhikaran;

(b) to make, amend or repeal any regulation.

8. Appointment, terms and conditions of Chief Executive Officer. - (1) The Government shall, by notification, appoint an officer of the Government, not below the rank of Principal Secretary, as Chief Executive Officer.
(2) The Chief Executive Officer shall be paid out of the fund of the Pradhikaran, such monthly salary and allowances with such other facilities, as may be fixed by the Government.
(3) Whenever the Chief Executive Officer is on leave or is unable to discharge his duties, the Government may appoint another officer in his place to exercise the powers of the Chief Executive Officer until his return.
9. Officers and other staff of Pradhikaran. - (1) The Pradhikaran may appoint such officers and staff, in such manner and with such qualifications, as may be prescribed.
(2) The salary, allowances payable to and other terms and conditions of service of officers and other staff of the Pradhikaran shall be such, as may be prescribed.
(3) The Chief Executive Officer may appoint, in such manner, for such temporary period and on such terms and conditions, such other staff, as it may consider necessary for the efficient performance of the functions of Pradhikaran, as may be specified by regulations.
10. Agriculture Advisory Council. - (1) The Government shall constitute a Council to be called the Agriculture Advisory Council, who shall aid and advise the Pradhikaran in making policy decisions to ensure a better standard of living for farmers, to provide relief/compensation to farmers in cases of natural calamities and or taking effective steps for the welfare of farmers.
(2) (a) The Council shall consist of the following members, namely:-

(b) One representative each of National Dairy Research Institute, Karnal, Central Soil Salinity Research Institute, Karnal, Indian Institute of Wheat and Barley Research, Karnal, Sugarcane Research Institute-Karnal, Central Institute of Cotton Research, Sirsa, Central Ground Water Board (CGWB),Chandigarh and Regional Centre of Organic Farming, Panchkula and three eminent scientists in the field of agriculture and allied sector to be nominated by the Chairperson of the Council, as special invited members.

(c) Such persons, not less than five and not more than ten, to be nominated by the Pradhikaran, amongst progressive farmers recognized with State/ National award in agriculture and allied sector including agriculture entrepreneur running agro-business and agro-industries in the State, in such manner and for such term, as may be prescribed as members.

(3) The Chief Secretary to Government, Haryana shall preside over the meetings of the Council. The Head of the Department, Agriculture and Farmers' Welfare shall be the Member-Secretary of the Council who shall forward the recommendations of the Council, along with an explanatory memorandum on the action taken or proposed to be taken thereon to the Chief Executive Officer of Pradhikaran for consideration/ decision of the Pradhikaran.
(4) The procedure for conduct of meetings and transactions of business of the Council shall be such, as may be prescribed.
11. General superintendence, direction and management of affairs of Pradhikaran. - (1) Subject to the other provisions of this Act, rules and regulations made thereunder, the general superintendence, direction and management of the affairs of the Pradhikaran shall vest with the Chief Executive Officer.
(2) The Chief Executive Officer may by an order, delegate any of his powers to any officer of the Pradhikaran on such terms and conditions, as he may determine:
Provided that each such order of delegation and the terms and conditions of such delegation shall be placed before the Pradhikaran.
12. Avoidance of conflict of interest. - A Member of the Pradhikaran or a member of the Council, having any direct or indirect interest, whether pecuniary or otherwise, in any matter coming up for consideration at a meeting of the Pradhikaran or the Council, as the case may be, shall disclose the nature of his interest at such meeting and shall not take any part in any deliberation or decision of the Pradhikaran or the Council, as the case may be, with respect to that matter.
13. Disclosure of information. - The Chief Executive Officer and such Members of the Pradhikaran, as the Pradhikaran may determine and members of the Council shall, as soon as may be after appointment and every year thereafter, make a declaration, in such form and manner, as may be specified by regulations, on the extent of his interest, whether direct or indirect and whether pecuniary or otherwise, in any property, business or employment of any family Member in the Pradhikaran or any matter concerning or related to the affairs of the Pradhikaran and the declaration so made shall be placed on the website of the Pradhikaran.
14. Powers and functions of Pradhikaran. - The Pradhikaran shall exercise the following powers and perform the following functions, namely:-

(i) to take all possible policy decisions and undertake such measures as per the advice and recommendations of the Council for the welfare of the farmers including landless farmers and their families;

(ii) to take such measures for identification of real farmers including landless and tenant farmers in the State and prepare new schemes for the welfare of such farmers;

(iii) to prepare a comprehensive land use policy for agriculture and allied sector and identify viable land holding size for agriculture to be profitable;

(iv) to mitigate the distress of farmers during natural calamities by providing suitable relief and adequate compensation for loss of crop and also provision of insurance for the health and life of farmers and their families;

(v) to identify crop pattern wise farmers in the State and undertake specific policy decisions / measures for the welfare of such farmers;

(vi) to take such measures as to make agriculture risk free in changing climatic conditions and to promote climate smart agriculture practices amongst farmers;

(vii) to formulate suitable policy intervention to enhance agricultural productivity and to take such measures to reduce the cost of production by synergizing the efforts of all stakeholder Departments;

(viii) to take such policy decisions and undertake such measures to increase farmer's income through multipronged interventions such as:

(a) reduction of input cost;

(b) increase in productivity;

(c) crop diversification (shifting from low income crops to high income / high value crops);

(ix) to take measures to ensure assured and remunerative price of agriculture / farm produce to the farmers;

(x) to formulate suitable policy for increasing public investment in the development of infrastructure for post-harvest management and for marketing of agriculture produce and to invite / increase private sector investment;

(xi) to promote sustainable agriculture through efficient management of soil and water resources;

(xii) to promote initiatives for Agri-Entrepreneurship and skill development amongst the farmers of the State;

(xiii) to take such policy decisions and undertake such measures so as to increase the direct participation of farmer families in the agriculture market in a phased manner (Direct Marketing);

(xiv) recommend to the Government to acquire, in accordance with any law for the time being in force, land for the purpose of the Pradhikaran;

(xvi) enter into contracts or agreements with any person, board, company, local authority or other agency;

(xvii) form with the prior approval of the Government and on such terms and conditions, as may be approved by the Government, joint venture companies and limited liability partnerships, with boards, companies or other agencies;

(xviii) to do all such other acts and things which may be necessary for or incidental or conducive to, any matter which may arise on account of exercise of powers and performances of functions and which are necessary for furtherance of the objects for which the Pradhikaran is established;

(xix) any other function, as the Pradhikaran may deem fit.

15. Consistency with provisions of existing laws. - The Pradhikaran shall oversee regulations, policies, guidelines and procedures for welfare of farmers and suggest amendments in statutes governing welfare of farmers in the State in consonance with the central Acts.
16. Seek information and carry out studies/surveys. - (1) The Pradhikaran may call for any information which is relevant for its purposes, from any department, board, corporation or research institution in the State.
(2) The Pradhikaran may carry out survey and study on any subject related to agriculture and allied sector and welfare of farmers by itself or through any other agency.
17. Coordination committees and standing committees. - Subject to such terms and conditions, as may be specified by regulations, the Pradhikaran may constitute as many coordination committees and standing committees, as it deems fit, with such terms of references as the Pradhikaran may determine for exercising any power or discharging any function or for monitoring or reporting or advising upon any matters related to agriculture and allied sectors and matter related to welfare of farmers.
18. Powers to engage experts. - The Chief Executive Officer may engage, on such fee and remuneration and for such period, such experts having such experience, as may be specified by regulations.
19. Pradhikaran to ensure transparency. - The Pradhikaran shall ensure transparency and adopt information technology for efficient discharge of its functions.
20. Fund of Pradhikaran. - (1) The Pradhikaran shall have and maintain its own fund to which shall be credited-

(a) all moneys received by the Pradhikaran from the Central Government or the Government by way of grants, loans, advances or otherwise;

(b) all moneys borrowed by the Pradhikaran from sources other than State or Central Governments, by way of loans or debentures;

(c) all fees and charges levies by the Pradhikaran from the disposal of property, moveable and immoveable;

(d) all moneys received by the Pradhikaran by way of rents and profits or in any other manner or from any other source.

(2) The fund shall be applied towards meeting expenditure-

(a) in operation and maintenance of assets created for purposes of the Pradhikaran;

(b) salaries and allowances of the Chief Executive Officer, other officers and employees of the Pradhikaran;

(c) for the administration of the Act;

(d) for such purposes in the exercise of powers or performance of functions under this Act as the Pradhikaran may approve or the Government may direct or permit.

21. Annual grants, loans and advances. - The Government may make to the Pradhikaran grants, loans or advances of such sums of money annually, as the Government may deem necessary and all grants, loans or advances so made shall be on such terms and conditions, as the Government may determine.
22. Power to borrow and receive donations. - The Pradhikaran may, from time to time, borrow money by way of loans, bonds or debentures or other instruments from sources other than the Government and receive donations from the public on such terms and conditions, general or specific, as may be approved by the Government.
23. Power to invest. - (1) The Pradhikaran may invest any portion of its funds in such investments, as may be specified by regulations.
(2) The Pradhikaran may, with the prior approval of the Government, invest in establishment of joint venture companies and limited liability partnerships for infrastructure development and discharge of its functions and duties.
24. Priority of payment for interest and repayment of loans. - All payments by the Pradhikaran on account of interest on loans or the repayment of loans shall be made on priority to all other dues of the Pradhikaran.
25. Budget. - (1) The Chief Executive Officer shall submit, in such form and at such time every year, as may be prescribed, a budget in respect of the financial year next ensuing , showing the estimated receipts and disbursement of the Pradhikaran.
(2) The Pradhikaran shall, subject to such modifications and revisions, as it may decide, approve the budget submitted under sub-section (1).
(3) The budget as modified or revised by the Pradhikaran, shall be forwarded to the Government along with such number of authenticated copies, as may be required by the Government and the Government shall cause the report to be laid before the State Legislature.
(4) The Chief Executive Officer shall cause the budget as modified or revised by the Pradhikaran, to be placed on the website of the Pradhikaran after the report has been laid before the State Legislature under sub-section (3).
26. Accounts and audit. - (1) The Pradhikaran shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form, as may be prescribed.
(2) The accounts of the Pradhikaran shall be subject to audit annually by the Accountant General of Haryana and any expenditure incurred in connection with such audit shall be payable by the Pradhikaran to the Accountant General of Haryana.
(3) The Accountant General of Haryana and any person appointed by him in connection with the audit of accounts of the Pradhikaran shall have the same rights, privileges and authority in connection with such audit as the Accountant General of Haryana has in connection with the audit of the Government accounts and in particular, shall have right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the Pradhikaran.
(4) The accounts of the Pradhikaran as certified by the Accountant General of Haryana or any other person appointed by him in this behalf together with the audit report thereon and an explanatory memorandum on the action so taken or proposed to be taken shall be forwarded annually to the Government and the Government shall cause a copy of the same to be laid before the State Legislature.
(5) The Chief Executive Officer shall cause the accounts of the Pradhikaran together with the audit report and the explanatory memorandum to be placed on the website of the Pradhikaran after the report has been laid before the Legislature under sub-section(4).
27. Annual Report. - (1) The Chief Executive Officer shall prepare for every year a report of its activities during that year and submit the report to the Government in such form and on or before such date, as may be prescribed and the Government shall cause the report to be laid before the State Legislature.
(2) The report referred to in sub-section(1) shall include an explanatory memorandum on the status of implementation of the annual plan of action on relief measures, schemes implemented alongwith gaps and shortfalls, if any, in implementation and reasons for such shortfall.
(3) The Chief Executive Officer shall cause the report together with the explanatory memorandum to be placed on the website of the Pradhikaran after the report has been laid before the Legislature under sub-section (1).
28. Review of performance. - (1) The Government shall, within five years from the commencement of this Act and thereafter at the expiration of every five year, constitute a committee, in such manner and consisting of such members, as may be prescribed to evaluate and review the performance of the Pradhikaran in the said period.
(2) The committee shall include experts of national eminence and standing in the field of agriculture, rural development, crop insurance, management, public administration.
(3) The committee referred to in sub-section (1) shall evaluate and review the performance of the Pradhikaran and make recommendations to the Government as to-

(a) the extent of fulfillment of the goals and objectives of the Pradhikaran stated in this Act, as demonstrated by the state of social and economic situation of farmers in the State;

(b) further vision of the Pradhikaran along with corrective measures, if any;

(c) such other matters, as may be referred to the committee by the Government.

(4) The Government shall cause to be laid before the State Legislature, the report of the committee constituted under sub-section (1) along with an explanatory memorandum on the action taken or proposed to be taken, thereon in respect of each recommendation of the committee.
29. Proceedings not to be invalidated by vacancies. - No act or proceedings of the Pradhikaran, Council or any committee constituted by or under this Act shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.
30. Returns and information. - The Pradhikaran shall, within such period, as may be specified, furnish to the Government, such returns or other information with respect to its activities, as the Government may, from time to time, require.
31. Power of Government in certain matters. - (1) The Pradhikaran shall carry out such directions, as may be issued to it, from time to time, by the Government.
(2) The Government may, at any time, either on its own motion or on application made to it in this behalf, call for the records of any case disposed of or order passed by any officer of the Pradhikaran for the purpose of satisfying itself as to the legality or propriety of any order passed or direction issued and may pass such order or issue such direction in relation thereto as it may think fit:
Provided that the Government shall not pass an order prejudicial to any person without affording such person a reasonable opportunity of being heard.
32. Application of other laws not barred. - The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.
33. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against any person for anything, which is in good faith, done or intended to be done under this Act or any rule or regulations made there under.
34. Members and officers to be public servants. - Every member and every officer and other staff of the Pradhikaran, Council or a committee constituted by or under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).
35. Power to make rules. - (1) The Government may, by notification, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following, matters, namely:-

(a) the allowances of Members, other than ex-officio Members, for attending the meetings of the Pradhikaran;

(b) the time of meeting, the rules of procedure for conduct of business and transaction of business of the Pradhikaran;

(c) the manner in which the Chief Executive Officer shall maintain records of the meetings of the Pradhikaran;

(d) the manner and qualifications for appointment of officers and employees of the Pradhikaran;

(e) the salaries and allowances payable to and other terms and conditions of service of officers and other staff of the Pradhikaran;

(f) the manner and term of appointment of persons, being industrious farmers or agro-industrialists of the State, to be nominated to the Council;

(g) the procedure for conduct of meetings and transaction of business of the Council;

(h) the allowances of Members, other than ex-officio Members, for attending the meeting of the Council;

(i) the form and time every year that the Chief Executive Officer shall submit the budget;

(j) the form in which the Pradhikaran shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet;

(k) the form and the date, on or before which, the Chief Executive Officer shall prepare and submit to the Government a report of its activities during that year;

(l) the number of members, their expertise and the manner of constitution of the committee;

(m) any other matter which has to be or may be prescribed.

36. Power to make regulations. - (1) Subject to the provisions of this Act, the Pradhikaran shall, by publication on its website, make regulations to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following, matters, namely:-

(a) the manner, the period and the terms and conditions of appointment of temporary staff;

(b) the form and the manner, in which the Chief Executive Officer, officers of the Pradhikaran and members of the Council shall make a declaration, on the extent of their interest;

(c) the terms and condition of constitution of coordination committees and standing committees;

(d) the forms and manner in which a member shall make a declaration;

(e) the fee, remuneration and the period of appointment of experts;

(f) the investment in which the Pradhikaran may invest any portion of its funds;

(g) any other matter which has to be or may be, specified by regulations.

(3) The Pradhikaran may, from time to time, amend or repeal any regulation and each such regulation, its amendment or repeal, as the case may be, shall come into effect from the date of its publication on the website of the Pradhikaran.
37. Power to remove difficulties. - (1) If any difficulties arise in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provision, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulties:
Provided that no order shall be made under this section after the expiry of two years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature.
38. Laying of notification, rules and regulations before State Legislature. - The notification issued under sub-section (1) of section (3), every rule and regulation made under this Act shall be laid, as soon as may be after it is issued or made, before the State Legislature.